Village of Pittsford
PLANNING and ZONING BOARD OF APPEALS
July 28, 2003 – Regular Meeting held on Monday at 7:00 P.M.
| PRESENT: |
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Chairperson: |
Remegia Mitchell |
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Members: |
Sally Chamberlin
Harold Danko
Ted Weniger |
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Excused: |
Linda Lanphear |
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Attorney: |
John C. Osborn |
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Recording Secretary: |
Anne Hartsig |
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Building Inspector: |
Skip Bailey |
Chairperson Mitchell called the meeting
to order at 7:00 PM.
OLD BUSINESS
Jojo – 56 & 60 North Main Street – continuation
of site plan approval process
Present: Douglas Weins, owner and Steve Sanna,
Bristol Garden Center
Proposed: parking lot fence for screening and berm
landscaping
Discussion: fence - Mr. Weins
presented a sample of picket fence. The intent is to overlay the
fence on the existing fence along the Corby 300’ property
line to block the car headlights. The line next to the tenant house
is not included in the proposal. Board members expressed concern
that the fence would look like a patch job or a band-aid. Mr. Weins
replied that he was unable to find a solid 6’ high stockade
fence. Bob Corby, speaking as a representative
for his family, said that they would prefer a six-foot fence. Concerns
of the Board Members were the tenant house not being protected from
the lights, the short height of the fence being overlaid on the
existing fence and the possibility that the APRB might not approve
two different styles of fence on the property.
As part of the preliminary site plan approval,
a motion was made by Chairperson Mitchell
, seconded by Member Danko to approve a six-foot high solid
stockade fence, installed on the south border of the Jojo property
going east-west, and installed with the slats offset on the existing
fence to make sure that the fence is impervious to light from vehicles
in the parking lot with the condition that the old fence is repaired
and maintained in its entirety.
Vote: Danko – yes, Mitchell – yes,
Chamberlin – yes, Weniger – yes. Motion carried.
This decision was filed in the Office
of the Village Clerk on July 28, 2003.
Discussion: berm – Steve
Sanna from Bristol Garden Center presented photos of different plants
that will work on the proposed berm. Amur Maple will handle dry
weather. Foliage on these trees will start at the base. It is deciduous.
Austrian Pine is an evergreen that also handles dryness and grows
to 30’ tall and 15’ wide. These pines can be nestled
together to create a barrier or planted further apart to create
an individual tree look. He would plant 4’ high trees to begin
with. These trees grow about one foot in the first year. Forsythia
bushes are hardy natural looking plants that will grow up to 8 feet
tall and 8 feet wide. They are fast growers and have more volume.
Mr. Sanna said that an irrigation system would be installed to water
each plant for the first couple of years. He said he does not recommend
mixing the plants. He also did not recommend Norway Spruce trees
because they are not tolerant to low moisture conditions. The goal
is to block sound and light on the Corby property line and to block
sound on the Powers’ property line. Member Chamberlin asked
what material will be used on the lower side of the berm. She was
told that “vetch”, which is a ground cover, will be
planted and will help with soil erosion.
Bob Corby, again speaking as
a representative for his family, said the family would prefer dense
evergreens on the berm. He expressed concerns about long-term screening
and said that lower branches die off on Austrian Pines. Mr. Sanna
replied that with proper care, fertilizer and water, the die-off
could be prevented. Mr. Corby also said the Board has not seen a
site plan including the parking layout. If a technically efficient
layout of the parking lot is made, the landscape plan may differ
from what has been presented this evening.
Roger Powers said he would prefer
something that won’t blow over or grow over onto his property.
He said there has already been sloughing off of the berm onto the
Powers land. He did not have an opinion about evergreen vs. deciduous.
A motion was made by
Member Danko, seconded by Member Chamberlin to accept the
recommendation of Mr. Sanna of Bristol Garden Supply regarding the
plantings on the top of the berm at 56 & 60 North Main Street
to include Austrian Pine trees a minimum of 4 feet high on the top
of the berm along the Corby property line and to plant forsythia
bushes which are a minimum of 2 feet high on the top of the berm
on the Powers’ property line with the following conditions:
1. all landscaping must be continuously maintained including replacement
as necessary,
2. an irrigation system must be installed as specified by Mr. Sanna,
3. the Austrian Pines will be planted on ten foot centers,
4. the Forsythia shrubs shall be planted on six-foot centers.
Vote: Danko – yes, Mitchell – yes,
Chamberlin – yes, Weniger – yes. Motion carried.
The decision was filed in the Office of
the Village Clerk on July 28, 2003.
The Board discussed the need for the submission
of a complete site plan. They asked the Building Inspector to direct
Mr. Weins to submit a complete and final site plan for the August
meeting.
ZONING BOARD
1. Esther Winter – Public Hearing
– Special Exception Use – 19 South Main Street –
music instruction studio
Present: Esther Winter
Proposed: to operate a music instruction studio
on the second floor of the building in a B-1A district.
The secretary read the legal notice that was published in
the Brighton-Pittsford Post on July 16, 2003: “Please
take notice that a Public Hearing will be held before the Village
of Pittsford Zoning Board of Appeals, Monday, July 28, 2003 at 7:00
PM at the Village Hall, 21 North Main Street, Pittsford, NY to consider
an application made by Esther Winter for a Special Exception Use
to allow the operation of a music instruction studio on the second
floor of the building located at 19 South Main Street, which building
is located in the B-1A Special Historic district, pursuant to Chapter
210-26A (23) of the Code of the Village of Pittsford.”
Discussion: Ms. Winter, the director and staff
of the program, stated that she has taught “Music Together”
for one year. She said it is a family music program for parents
and children ages birth through four. She is planning to hold classes
in the mornings during the week and will be finished teaching by
noon. Eventually she may hold one Saturday class. Ms. Winter explained
that the noise is minimal. There is controlled movement. Her classes
will be a maximum of 12 people and a minimum of 6. The building
consists of one classroom with access from South Main Street. There
is a spring floor in the building and an acoustical ceiling in the
establishment below. Mr. Bailey said all safety regulations for
the location are in compliance.
The legal notice having been read, Chairperson
Mitchell opened the Public Hearing.
Georgie De Le Villa – 15 south Main
Street Apartment 2: Ms. De Le Villa expressed concerned
about traffic in and out of the building because it is a common
stairwell.
Member Weniger asked how the noise level of the
children would be controlled. Ms. Winter said that classes are well
directed and parents/care-givers are also in attendance. She does
not allow screaming. Ms. Winter said she is willing to add sound
absorbing drapes if necessary and will control the volume of noise.
Board members were in favor of the idea of training
youth to enjoy music. Member Danko, himself a musician, stated that
“Music Together” is reputable and has high standards.
There being no one further to speak for or against
this application, Chairperson Mitchell closed the Public Hearing.
A motion was made by
Member Danko, seconded by Member Weniger to approve this
application for a Special Exception Use for the operation of an
instructional music studio on the second floor of 19 South Main
Street.
Vote: Danko – yes, Mitchell - yes, Chamberlin
– yes, Weniger – yes. Motion carried.
The decision was filed in the Office of the Village Clerk
on July 28, 2003.
Findings of Fact:
1. This application meets the goal of creating “a new balance
of uses and services” in the Central Business District as
stated in the Comprehensive Plan (page 49).
2. This application is in compliance with the standards for a special
exception use as listed in Chapter 210-114 B. (2) (a) [1-6] of the
Code (page 210:95).
PLANNING BOARD
1. Simply Crepes- site plan approval –
7, 8, & 9 Schoen Place
Present: Pierre Heroux, business owner
Proposed: to add a deck extension to the existing
deck and to cover a portion of the deck with an awning.
The secretary read the legal notice that was published in
the Brighton-Pittsford Post on July 16, 2003: “Please
take notice that a Public Hearing will be held before the Village
of Pittsford Planning Board on Monday, July 28, 2003 at 7:00 P.M.
at the Pittsford Village Hall, 21 North Main Street, Pittsford,
NY to consider an application made by Pierre & Karen Heroux
and Hanlon Architects for minor site plan approval to allow the
extension of an existing deck and to allow a covered roof area at
their restaurant known as Simply Crepes located at 7, 8, and 9 Schoen
Place, said property owned by Ted Collins, pursuant to Article XVII,
Chapter 210-83, Site Plan Approval, of the Code of the Village of
Pittsford.”
SEQR: Chairperson Mitchell stated this is a Type
II Action under SEQR 617.5 #7 and #15. No further review is necessary.
Discussion: Mr. Heroux explained that in order
to meet the fire codes for the building, the floor had to be raised
6 inches. This necessitates changing the deck and stairways. The
stairway on the left as you face the building will be removed entirely.
The deck area will be enclosed with spindles. There will be a permanent
awning over the doorway under the chimney and the window to the
left of the doorway. Mr. Heroux has no plans to expand the seating.
He was granted a Special Permit from the Board of Trustees on March
11, 2003 that allowed a maximum of 50 seats. He will not exceed
that number. Mr. Bailey said adding outside seating would require
approval from the Board of Trustees because it would be an expansion
of a Special Permit. On July 7th, Mr. Heroux was given conditional
approval from the APRB. Mr. Heroux explained that his proposal would
not change the walk space in front of his shop because the stairway
would not protrude any further than it currently does.
The legal notice having been read, Chairperson
Mitchell opened the Public Hearing.
Robert Corby – 7 Washington Avenue:
Mr. Corby said since dimensions were not included on the submitted
drawings, he is concerned that the landing might not be in compliance.
He said accurate drawings are needed. Member Danko agreed that a
footprint is needed to ensure that the landing is in compliance.
He also reminded the Board that a goal of the Comprehensive Plan
is to have a sidewalk in front of that building. Five feet is needed
for that plus 4 inches for a curb. Mr. Corby said a gutter is needed
on the building. Speaking on behalf of his family who are neighbors,
Mr. Corby expressed the following concerns. When the parking lot
was put in, there was no provision for screening. He’d like
to make sure that the maintenance of the fence would be part of
the owner’s responsibility. He would like to ask that provisions
be made to mitigate potential noise and exhaust. He said the dumpsters
in that area have a history of poor maintenance and he is concerned
about the impact of having food added to the dumpster.
Member Weniger stated that the Board of Trustees
approved the use of the property. He said the issues of parking
lot screening, fence maintenance, potential noise and exhaust and
the dumpsters are not the purview of the Planning Board and are
issues that should have been addressed by the Trustees before a
Special Permit was issued.
Mr. Heroux said that additional trash barrels
are in place and the exhaust issue has been addressed at considerable
expense. He will have no more than 50 seats. In addition, Mr. Heroux
has personally swept up around the dumpsters to keep them neat.
Robert Corby said that the parking
behind Mr. Heroux’s building and the walkthrough to get to
it is hazardous. It is not lighted and it needs handrails. There
is minimal head clearance. Mr. Heroux said this is not part of the
building he has rented. He has spoken to Mr. Collins and asked him
to address these issues. The Building Inspector said he would address
these issues because they are a hazard to the general public.
Member Weniger asked why the roof would only be
over part of the deck. Mr. Heroux explained that one doorway would
be used as an emergency exit only and the stairs to the left would
be removed. He said the sign would be near the main door. Spindles
would be used on the deck. Mr. Collins told Mr. Heroux that he would
consider adding spindles to the remainder of the deck. These issues
were reviewed by the APRB.
There being no one further to speak for or against
this application, Chairperson Mitchell closed the Public Hearing.
A motion was made by
Chairperson Mitchell, seconded by Member Chamberlin to
approve the addition of a deck to the alley side of 7, 8, &
9 Schoen Place, said deck not to protrude farther than the existing
main stairs that are located under the chimney. The following are
conditions of this approval:
1. there shall be a five-foot clearance for a sidewalk
2. a gutter shall be applied to the proposed roof to properly drain
water from the roof
3. the landing for the stairs shall be as wide as possible without
the steps projecting past the deck
4. the architect shall submit drawings showing the dimensions of
the landing.
Vote: Danko – yes, Mitchell – yes,
Chamberlin – yes, Weniger – no. Motion carried.
Findings of Fact
1. This new porch sets a higher standard for the appearance of the
entire building.
The decision was filed in the Office of
the Village Clerk on July 28, 2003.
2. Great Northern Pizza Kitchen –
Public Hearing – site plan approval – 14 South Main
Street
Present: Rob Desino, owner and Andrew Hintenach
Architect
Proposed: an addition and changes to parking and
landscaping for purposes of opening a pizza restaurant
The secretary read the legal notice that was published in
the Brighton-Pittsford Post on July 16, 2003: “Please
take notice that a Public Hearing will be held before the Village
of Pittsford Planning Board on Monday, July 28, 2003 at 7:00 P.M.
at the Pittsford Village Hall, 21 North Main Street, Pittsford,
NY to consider an application made by 3180 Monroe Ave., Inc., owners
of property located at 14 South Main Street, for site plan approval
for an addition and changes to parking and landscaping at a restaurant
to be known as Great Northern Pizza Kitchen pursuant to Article
XVII, chapter 210-83, Site Plan Approval, of the Code of the Village
of Pittsford.”
SEQR: Chairperson Mitchell stated this is a Type
II Action under SEQR 617.5, #6, #7 and #15. No further review is
necessary.
Discussion: Mr. Hintenach explained that a 16’
x 9’ bump out is proposed to enclose the current the ATM.
He said the curbing in the middle of the parking lot would be demolished
and that the light poles would be removed and relocated to the rear
and the north end of the lot. The fixtures will be new. A new pole
will be mounted at Church Street. Light fixtures on the side of
the building are decorative and will have incandescent fixtures.
The restaurant will close at 9 PM on weekdays and 10 PM on Friday
and Saturday. Lights could be put on a timer in consideration of
the apartments next door. The property line along Starbucks will
be re-curbed and re-landscaped. The applicant indicated that they
would maintain lights in the exterior light posts on the front lawn
at Main Street.
Inside storage of trash is an issue. The applicants
stated that they would prefer to keep the trash outside in an attractive
enclosure that would be 16’x16’. This enclosure would
house a dumpster, a recycle container and a grease disposal area.
The enclosure would be 6’ high. The dumpster enclosure will
be cedar or pressure treated lumber and will be painted to coordinate
with the building colors, which will be historic. Board members
said the dumpster is the biggest issue of this application. They
suggested that the applicant could downsize the dumpster and move
it away from the corner a few feet. The applicant said he could
keep the recycle container inside. He estimated that a 10’x12’
enclosure would be the minimum size he could use. There will be
three trash receptacles placed on Church Street and Main Street
for take out. These are movable. Therefore, they do not show on
the site plan.
There will be 51 seats. 25 parking spaces are
shown. The Building Inspector said that is more than enough parking
spaces. The applicant stated that 70% of business in his other locations
is eat-in, 20% is carryout and 10% is delivery. He is assuming this
business will follow the others in that regard.
Heat exhaust for the fryer and pizza ovens will
be mounted on the roof in the center where they will be less noticeable.
They may be seen from the rear of the building. It was noted that
the APRB might require screening.
The legal notice having been read, Chairperson
Mitchell opened the Public Hearing.
Gregory Barkstrom, representing the building
owner, stated that the owners are in favor of this business.
He said there is a grade level change that will make it more difficult
to see the mechanicals on the roof.
There being no one further to speak for or against
this application, Chairperson Mitchell closed the Public Hearing.
A motion was made by
Chairperson Mitchell, seconded by Member Chamberlin to
approve the final site plan date stamped 7/28/03 for Great Northern
Pizza Kitchen with the following conditions:
1. the dumpster area will be a maximum of 10’ x 12’
and it will be removed from the Cook property line as far as possible
to allow for 4 parking spaces on the east property line
2. the site plan must be reissued showing the new location of the
dumpster as stipulated
3. the new site plan must show the lights on the drive-through side
of the building
4. the APRB must approve the exhaust fan mechanicals, (heights and
locations) as well as the changes on the exterior of the building
5. the applicant must position and maintain three trash receptacles
for customer use on the exterior of the building
6. exterior lights must be turned off by a timer one-hour after
the close of business.
Vote: Danko – yes, Mitchell – yes,
Chamberlin – yes, Weniger – yes. Motion carried.
Findings of Fact
1. Improvements being made by these tenants meet the standards of
the Village Code and are beneficial to our streetscape and traffic
flow.
This decision was filed in the office
of the Village Clerk on July 28, 2003.
INFORMATION ONLY
Bob and Cali Beck, owners of The Pedestal,
50 State Street
Mr. and Mrs. Beck inquired about having an additional sign on the
west side of the building in Northfield Common that houses The Pedestal.
This is the main pedestrian entrance to the Common. The Building
Inspector said they would be permitted one sign at an auxiliary
entrance. The west side has an entrance to the porch that is in
effect, an entrance to the store. This sign could be 4 square feet.
Zoning approval would not be necessary.
Another option mentioned by Mr. Bailey is a directory
sign that would be permitted with the granting of a Temporary Zoning
Permit. An alternative would be to ask for a variance for a larger
sign. It was noted that all signs must be approved by the APRB.
OTHER BUSINESS
SEQR for Community Library: The
Pittsford Town Board has requested Lead Agency status for the SEQR
process regarding the proposed community library. Chairperson Mitchell
said that after reviewing the documents that were submitted by the
Town Board, she did not agree with the response given on question
6 & 7 under A. Site Description. These questions
refer to the location of the project and its nearness to State or
National Registers of Historic Places and its nearness to a site
listed on the Register of National Natural Landmarks. She suggested
that the Board ask for a coordinated review. Board members were
in full agreement and decided that Chairperson Mitchell should respond
with the Board’s request for a coordinated review.
Canandaigua National Bank: As
a matter of information, a letter sent to Mayor Corby was received
from Canandaigua Bank regarding the ATM lighting which is currently
not in compliance. The letter said the new community library facility
would require the bank to relocate the ATM, thus a new lighting
study would be required. The letter asked for information regarding
the change and the timetable for the project. A copy of the letter
was mailed to the Planning and Zoning Board, the APRB, Al Frey of
the NY State Banking department and to Skip Bailey. The Board concurred
that it was logical to wait before changing the lighting until the
relocation takes place.
Starbucks parking: Village benches
and landscaping will be strategically placed near Starbucks to prevent
vehicles from parking on the sidewalk. This has been a safety issue
for some time.
Special Use Permits: A new procedure
will be used on a trial basis regarding the granting of Special
Use Permits. Applicants will now go before the Planning/Zoning Board
for information only as a first step in the process. This will allow
the Board to submit feedback to the Board of Trustees before they
hear the application request. If approved by the Board of Trustees,
the applicant would then return to the Planning/Zoning Board, if
necessary.
MINUTES
June 23, 2003: A motion was made
by Chairperson Mitchell, seconded by Member Chamberlin to approve
these minutes as written. Vote: Danko – yes,
Mitchell – yes, Chamberlin – yes, Weniger – yes.
Motion carried.
July 9, 2003: A motion was made
by Chairperson Mitchell, seconded by Member Danko to approve these
minutes as written. Vote: Danko – yes, Mitchell
– yes, Chamberlin – abstain, Weniger – yes.
Motion carried.
July 21, 2003: A motion was made
by Chairperson Mitchell, seconded by Member Danko to approve these
minutes as written. Vote: Danko – yes, Mitchell
– yes, Chamberlin – abstain, Weniger – yes.
Motion carried.
ADJOURNMENT
There being no further business, Chairperson Mitchell
adjourned the meeting at 11:25 PM.
Anne Z. Hartsig, Recording Secretary
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